Contested Wills and Probate Lawyers

Was the deceased domiciled in a State of Australia? What difference does this make?

Written by Terry Johansson | 27th September 2013

A person’s Will can only be challenged in an Australian State if they were domiciled there at the time of death: so if they leave assets in a particular State but were no domiciled there, no challenge/family provision claim can be made in that State.

“Domicile” is a legal concept and not easily defined. Generally, a person will be domiciled where he / she has their permanent home and where he / she intends to live indefinitely.

The deceased’s domicile is usually obvious in most matters and therefore not in dispute. However, in some situations domicile may not be particularly clear: for example, if the deceased was born in another country to the one he / she resided in at the time of death or divided his / her time between two (2) countries.

A court will need to determine any dispute as to the deceased’s domicile.